DP World Melbourne (ETU) Enterprise Agreement 2014 · DP World Melbourne (ETU) Enterprise Agreement...

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DP World Melbourne (ETU) Enterprise Agreement 2014

Transcript of DP World Melbourne (ETU) Enterprise Agreement 2014 · DP World Melbourne (ETU) Enterprise Agreement...

Page 1: DP World Melbourne (ETU) Enterprise Agreement 2014 · DP World Melbourne (ETU) Enterprise Agreement 2014 5 5.0 DURATION OF AGREEMENT This Agreement shall operate from date of approval

DP World Melbourne (ETU) Enterprise Agreement2014

Page 2: DP World Melbourne (ETU) Enterprise Agreement 2014 · DP World Melbourne (ETU) Enterprise Agreement 2014 5 5.0 DURATION OF AGREEMENT This Agreement shall operate from date of approval

1

Fair Work Act 2009 s.185—Enterprise agreement

DP World Melbourne Limited(AG2014/7264)

DP WORLD MELBOURNE (ETU) ENTERPRISE AGREEMENT 2014

Stevedoring industry

COMMISSIONER CRIBB MELBOURNE, 1 SEPTEMBER 2014

Application for approval of the DP World Melbourne (ETU) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the DP World Melbourne (ETU) Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DP World Melbourne Limited. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement was approved in Chambers on 1 September 2014 and, in accordance with s.54 of the Act, will operate from 8 September 2014. The nominal expiry date of the Agreement is 17 August 2018.

Printed by authority of the Commonwealth Government Printer

<Price code G, AE409858 PR554911>

[2014] FWCA 6002

DECISION

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DP World Melbourne (ETU) Enterprise Agreement 2014 1

DP WORLD MELBOURNE (ETU) ENTERPRISE AGREEMENT 2014

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DP WORLD MELBOURNE (ETU) ENTERPRISE AGREEMENT 2014 1

1.0 TITLE 4

2.0 INTENT OF AGREEMENT 4

3.0 PARTIES BOUND 4

4.0 OPERATION OF AGREEMENT 4

5.0 DURATION OF AGREEMENT 5

6.0 DEFINITIONS 5

7.0 CONTRACT OF EMPLOYMENT 5

8.0 EMPLOYEE REPRESENTATION 10

9.0 PAYMENT OF WAGES, EXPENSES AND SUPERANNUATION 12

10.0 CLASSIFICATIONS AND RATES OF PAY 13

11.0 HOURS OF WORK 14

12.0 OVERTIME (OTHER THAN SHIFT EXTENSIONS) 14

13.0 PUBLIC HOLIDAYS 15

14.0 ANNUAL LEAVE AND DAYS IN LIEU 16

15.0 PERSONAL LEAVE 17

16.0 SAFETY 18

17.0 FIRST AID 19

18.0 LONG SERVICE LEAVE 20

19.0 UNION TRAINING AND EDUCATION LEAVE 20

20.0 VOCATIONAL TRAINING AND EDUCATION 21

21.0 INTRODUCTION OF CHANGE 22

22.0 PERSONAL GRIEVANCE PROCEDURE 24

23.0 DISPUTE RESOLUTION 25

24.0 VARIABLE SALARY EMPLOYEE (VSE) 25

25.0 WORKERS COMPENSATION 27

26.0 SALARY SACRIFICE – NOVATED LEASE 27

27.0 DAYLIGHT SAVINGS 27

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28.0 OUTSOURCING 27

29.0 JURY SERVICE 28

30.0 DOMESTIC VIOLENCE 28

PART B – DP WORLD MELBOURNE (ETU) 29

1.0 HOURS OF WORK 29

2.0 REMUNERATION 32

3.0 HEAT AGREEMENT 33

4.0 CLOTHING 33

5.0 SUPPLY AND REPLACEMENT OF PRESCRIPTION GLASSES 34

6.0 COMMITTEES 35

7.0 MANNING 35

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1.0 TITLE This Agreement shall be known as the DP World Melbourne (ETU) Enterprise Agreement 2014 (“The Agreement”). 2.0 INTENT OF AGREEMENT This Agreement is directed towards the achievement of: 2.1 The provision of a safe workplace, job security, constructive and cooperative

Company and Employee relationship, competitive remuneration, non-discriminatory approach, regular and genuine communication with Employees and the Union, reasonable career paths and job satisfaction embracing modern and flexible forms of work organisation, consistent with optimum use of all the Company’s resources. Implicit is an ability for the Company and its Employees to improve on any aspect of the operation and at all times world’s best practice will be the goal of any such improvement.

2.2 The changes required in the workplace to bring about more constructive and

collective workplace relationships between management and Employees. 2.3 Providing the Company with certainty of proficiency, reliability and continuity of

operations in order to aid the further development and progress of the Company as the industry market leader in the interests of its shareholders and Employees as aforesaid.

3.0 PARTIES BOUND This Agreement shall be binding on the Company and each person employed from time to time by the Company to perform work covered by this Agreement and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Electrical Trades Union Division - Victorian Branch (the ETU). 4.0 OPERATION OF AGREEMENT 4.1 This Agreement shall be read in conjunction with the following awards:

4.1.1 Stevedoring Industry Award 2010; and

4.1.2 Stevedoring Long Service Leave Award 1992

(collectively referred to as “the Awards”). 4.2 Where there is any inconsistency between this Agreement and any provisions of the

Awards, the Agreement shall apply to the extent of the inconsistency. Provided however that such Stevedoring Award provisions shall cease to apply only to the extent and for the period necessary to permit the operation of this Agreement.

4.3 This Agreement supersedes any other award, agreement whether certified or not,

memorandum of understanding, exchange of correspondence, work practice(s), arrangement(s), written or unwritten, which applied prior to the commencement of this varied Agreement and which regulated the terms and conditions of employment of Employees covered by this Agreement.

4.4 To the extent that any of the provisions in Part A and B of this Agreement are

inconsistent, the specific provisions of Part B shall prevail over the general terms of Part A.

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5.0 DURATION OF AGREEMENT This Agreement shall operate from date of approval and shall remain in force until 17 August 2018. 6.0 DEFINITIONS In this Agreement: 6.1 Act means the Fair Work Act 2009. 6.2 Agreement means DP World Melbourne (ETU) Enterprise Agreement 2014. 6.3 Stevedoring Award means the Stevedoring Industry Award 2010 as varied. 6.4 Stevedoring Long Service Leave Award means the Stevedoring Industry (Long

Service Leave) Award 1992 as varied. 6.5 FWC means the Fair Work Commission. 6.6 Employee means a maintenance employee. 6.7 Employee Representative means an Employee appointed as such by the Union and

as elected by Employees and notified in writing to the Company. 6.8 Permanent Employee means a full-time permanent Employee paid a fixed salary

(FSE) or a Variable Salary Employee (VSE) who is irregularly engaged to work and is paid a minimum salary in accordance with Clause 24 of this Agreement.

6.9 Union means the Communications, Electrical, Electronic, Energy, Information, Postal,

Plumbing and Allied Services Union of Australia – Electrical Trades Union – Victorian Branch (the ETU).

6.10 The Company means DP World Melbourne Limited (ABN 52 000 049 301) and a

reference to the Company in this Agreement is a reference to the relevant employing entity of an Employee.

7.0 CONTRACT OF EMPLOYMENT 7.1 An Employee may be employed as:

7.1.1 a Permanent Employee means a full-time permanent Employee paid a fixed salary (A Fixed Salary Employee (FSE)) or a Variable Salary Employee (VSE) who is irregularly engaged to work and is paid a minimum salary in accordance with clause 24 of this Agreement.

7.1.2 an apprentice, who may be engaged at the discretion of the Company. The

parties undertake to hold discussions during the life of this Agreement with the aim of reaching agreement on conditions of employment that shall apply to the engagement of an apprentice.

7.2 Each new Employee shall be advised in writing of the status of employment to which

they are appointed. Should their employment status change at any time a new letter of appointment describing the new status shall be issued.

7.3 Each Employee is expected to and required to attend work during the hours of work

specified within the rostering arrangements for the enterprise. Absence from work may be authorised only in accordance with the Company’s Procedures.

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7.4 Subject to the provisions of this Agreement, all Employees are employed on the basis

that each Employee will carry out all work within their recognised and required competency as reasonably directed by the Company. Nothing in this Agreement shall prevent the Company from directing an Employee to perform any work for which they are appropriately skilled.

7.4.1 Each Employee will be advised and updated on the skills/competencies that

are to be maintained by the Employee. 7.4.2 Generic Company position descriptions will be provided for each skill and/or

competency. The Company at all times will provide appropriate opportunity to maintain the skills through application of skills on the job or periodic refresher training as necessary.

7.5 An Employee may be reclassified from one grade to another or be transferred from

day work to shift work and from shift work to day work in accordance with the provisions of the Stevedoring Award.

7.6 Employment to which this Agreement applies may be terminated in accordance with

the provisions of this clause, but this sub-clause does not operate to prevent any party from giving a greater period of notice than required, nor to affect the Company's right to dismiss an Employee for misconduct which would justify summary dismissal nor to affect the Employee's lawful rights in such an event.

7.6.1 In the case of a permanent and guaranteed wage Employee, notice of

termination is given by the Company, the period of notice required shall be:

Period of continuous service Period of notice

1 year or less 1 week

1 year and up to the completion of 3 years 2 weeks

3 years and up to the completion of 5 years 3 weeks

5 years and over 4 weeks

7.6.2 An Employee over 45 years of age with two years continuous service shall be entitled to a further weeks’ notice in addition to the above mentioned period of notice.

7.6.3 In lieu of actual notice the Company may provide payment of salary or wages. 7.6.4 Where the Company has given notice of termination to an Employee, the

Employee shall be allowed up to one day off without loss of pay for the purposes of seeking employment. The time off shall be taken at times that are convenient to the Employee after consultation with the Company.

7.6.5 The notice of termination required to be given by an Employee shall be the

same as that required of the Company save and except that there shall be no additional notice based on the Employee's age.

7.6.6 If an Employee fails to give or work out the appropriate notice, the Company

may withhold monies due to the Employee for the period or balance of notice required.

7.6.7 The Company will, upon receipt of a request from an Employee where

employment has been terminated, provide to the Employee a written statement specifying the period of his/her employment and the classification of or the type of work performed by the Employee.

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7.7 An Employee whose employment terminates shall be paid out accrued annual leave

entitlements including, for any period of time less than a completed twelve monthly qualifying period on a proportionate basis, as at the date of termination.

7.8 An Employee shall not be entitled to any payment in respect of any period of time

during which the Employee commits any of the following breaches of the contract of employment:

7.8.1 unauthorised absence; 7.8.2 failure to work in accordance with the Company's reasonable instructions; 7.8.3 being under the influence of drugs or alcohol as defined in the Company’s

Procedures. 7.9 The Company may from time to time change its policies as apply to Employees in

addition to this Agreement. In the event of a policy change that may have any impact on the terms of conditions of employment (other than where those terms and conditions are expressly contained within this Agreement), each Employee will be appropriately advised of the change. Nothing contained in a policy or procedure shall be operative nor shall it have any effect to the extent that its inclusion or implementation is inconsistent with the intent of this Agreement. Prior to any change being inserted into a policy, any dispute or disagreement by Employees or the Union in relation to intended change policies and / or procedures shall be progressed through the Dispute Resolution Clause.

7.10 After the commencement of this Agreement there will be an annual review of the

workforce numbers. The review will be conducted by the Company in consultation with the Union. Where there is a departure of a Permanent Employee, the Company will determine whether it is appropriate to replace the Permanent Employee. This decision shall be made within 21 days of the Permanent Employee’s departure.

Where factors affecting the business are unchanged at the time of the consideration

of a replacement, the replacement will be effected. If circumstances change, the Company shall provide Employees and the Union with the reasons for non-replacement of existing positions.

7.11 The Company will ensure that there is a fair and equitable opportunity for work for all

Employees in relation to their respective classifications, skills, competencies, availability and performance.

7.12 The Company will inform the Union or Employee Representative prior to the

recruitment process commencing for employment of maintenance tradesmen. 7.13 The Company reaffirms that the selection criteria that will apply when assessing

applicants for vacant positions will be identified and available at the commencement of each recruitment process. Selection processes will be transparent and input to the selection process will be sought from maintenance Employees and management.

Priority for consideration will apply to existing Permanent FSE Employees then VSE

Employees, and the final selection will be made by management and will be merit based.

7.14 Redundancy

7.14.1 Application

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This clause shall apply to Fixed Salary Employees and Variable Salary Employees employed by the Company under this Agreement.

7.14.2 Redundancy Arrangements

(a) In circumstances where the Company has need to reduce the size of

all or part of its Permanent workforce, it shall advise the Union and Employees, in accordance with the “Introduction of Change” clause of this Agreement.

(b) The Company shall then make a final declaration of redundancy

together with details of the number of surplus people, skills and effected areas and shall make this available to the Union and Employees.

(c) Despite any other provision in this Agreement, the Company shall not

be liable to make any termination payments (including any payment in lieu of notice) or redundancy payment, where:

(i) The Company makes or obtains an offer of acceptable

alternative employment to or for an Employee, that is on terms and conditions which are no less favourable overall than the Employee’s existing terms and conditions with the Company (which includes such an offer of employment within the same port but may reasonably include another port); or

(ii) an Employee knowingly accepts an offer of alternative

employment made or obtained by the Company, the terms and conditions of which are less favourable overall when compared with the Employee's existing terms and conditions; or

(iii) a business is transmitted from the Company [in this subclause

called the transmittor] to another employer [in this subclause called the transmittee] and an Employee who at the time of the transmission was an Employee of the transmittor in that business and:

I accepts employment with the transmittee; or

II rejects an offer of employment with the transmittee in

which the terms and conditions are no less favourable overall than the terms and conditions applicable to the Employee at the time of ceasing employment with the transmittor.

(d) Discussions shall be held to determine the availability of alternative

employment at other Company sites or ports to reduce or eliminate the need for redundancies.

(e) Where the employment of an Employee is terminated on the ground of

redundancy and subclause (iii) does not apply, notice of termination arrangements, including any payments in lieu of notice, shall be in accordance with this Agreement.

7.14.3 Redundancy Payments

(a) Redundancy payments shall be calculated on the basis of three (3)

Weeks' Pay for each completed year of continuous service or part

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thereof, to a maximum payment, including payment in lieu of notice, of fifty two (52) Weeks' Pay (except in the first year of service where an employee is entitled to four (4) weeks).

(b) “Weeks' Pay” means:

(i) For a Fixed Salary Employee: the Employee’s annual salary at

the date of termination as prescribed by the Agreement, divided by 52.

(ii) For a Variable Salary Employee: the VSE Minimum Salary prescribed by the Agreement, divided by 52.

(c) When determining the length of continuous service for the purposes of

calculating redundancy payments under this clause, the following shall apply:

(i) All prior service of Permanent Employees (FSE’s and VSE’s)

service shall be regarded as continuous service with the Company.

7.15 Flexibility

7.15.1 The Company and an Employee covered by this Enterprise Agreement may agree to make an individual flexibility arrangement (“IFA”) to vary the effect of terms of the Agreement if:

(a) the arrangement deals with the following matter:

(i) single day annual leave absences.

(b) the arrangement meets the genuine needs of the Company and the Employee in relation to 1 or more of the matters mentioned in paragraph 7.15.1(a); and

(c) the arrangement is genuinely agreed to by the Company and the Employee.

7.15.2 The Company must ensure that the terms of the IFA:

(a) are about permitted matters under section 172 of the Act; and

(b) are not unlawful terms under section 194 of the Act; and

(c) result in the Employee being better off overall than the Employee

would be if no arrangement was made.

7.15.3 The Company must ensure that the IFA:

(a) is in writing; and (b) includes the name of the Company and the Employee; and (c) is signed by the Company and the Employee, if the Employee is under

18 years of age, signed by a parent or guardian of the Employee; and (d) includes details of:

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(i) the terms of the Agreement that will be varied by the arrangement; and

(ii) how the arrangement will vary the effect of the terms; and

(iii) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and

(e) states the day on which the arrangements commence.

7.15.4 The Company must give the Employee a copy of the IFA within 14 days after it

is agreed to. 7.15.5 The Company or Employee may terminate the individual flexibility

arrangement:

(a) by giving no more than 28 days written notice to the other party to the arrangement; or

(b) if the Company and Employee agree in writing – at any time.

8.0 EMPLOYEE REPRESENTATION 8.1 The Company acknowledges Employees may be represented by the Union and its

officers appointed in accordance with the Union's rules.

8.2 Employee Representatives

8.2.1 Whereas Employees of the Company are employed to carry out work for which they are engaged in accordance with their contract of employment and the terms and conditions of this Agreement, the Company recognises the right of the Union to appoint Employees of the Company and the right of such Employees to represent their fellow Employees subject to the provisions of the clause 8.2.2 (c).

8.2.2 The Company will allow such Employees absence from their normal duties

without loss of pay to represent the interests of their fellow Employees, provided always:

(a) The relevant Union Official advises the Company site manager in

writing of the appointment of the Employee Representative. (b) Such absence is for bona fide purposes only and the Employee

Representative first obtains agreement from their immediate supervisor, and such permission shall not be unreasonably withheld, of the expected period of absence for the purpose of enabling the supervisor to make alternative work arrangements beforehand.

(c) The subsequent conduct by the Employee Representative or their

fellow Employees shall not be such as to interfere with, or otherwise adversely impact on, the operations of the Company.

(d) In the event of a breach of this sub-clause, the Company may act to

formally revoke the right of an Employee Representative to absence from normal duties with pay, but not the right of representation, by first discussing its intentions with the relevant Union Official.

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(e) Where an Employee Representative's right to absence from normal duties with pay under this sub-clause has been formally revoked by the Company in writing to the Employee concerned and the Union, the Employee Representative may only leave his/her workplace under conditions determined by the Company. Nothing in this clause prevents the Company from restoring an Employee Representative's right to absence from normal duties with pay under this sub-clause if it sees fit to do so.

8.3 Employee meetings

8.3.1 The Company recognises that Employees may need to meet in relation to issues concerning the workplace or related issues. Subject to reasonable prior advice to the site manager by an Employee Representative, Employees may use Company premises for such purposes provided the meeting is conducted in a rostered break from actual work such as meal times and provided also the meeting does not extend into actual working time, the responsibility for which rests with that Employee Representative.

8.3.2 Subject to bonafide conditions determined by the site manager, such meetings

may extend beyond the rostered break provided that prior request for such is made by an Employee representative and not otherwise, and such extension shall not be unreasonably refused.

8.4 Union meetings

8.4.1 The Company recognises that its Employees have a right (subject to appropriate notice being provided to the Company and then subject to the Company’s approval and such approval will not be unreasonably withheld) to participate in the affairs of the Union through its internal processes and through this Agreement the Union and its officers and members being Employees of the Company recognise their obligation to minimise disruption to Company operations in so doing.

8.4.2 Where the Union requests meetings of its members, Employees shall be

entitled to attend such meetings without loss of pay provided the following provisions apply on an annual basis:

(a) Two Union meetings off site up to 4 hours duration. Employees

working on the day shift shall be permitted to leave their designated point of work 30 minutes prior to the commencement time of the meeting. The conclusion of such meetings shall be 30 minutes prior to the nominal night shift starting time in each designated port.

(b) In addition to the above, Employees shall be entitled to attend 3 yard

meetings per annum of up to 2 hours duration at a time to be agreed by the Company.

(c) Nothing in the above mentioned shall prevent meetings being

conducted at different times following agreement between the parties. (d) The Union shall provide the Company with a written request for

meetings specified in 8.4.2(a) at least 21 days prior to such a proposed meeting to allow the Company to discuss logistical arrangements with the Union and plan operations accordingly and to mutually agree a date and time.

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(e) Where an unforeseen operational difficulty or emergency arises subsequent to arrangements being made in accordance with 8.4.2(d) and the Company advises the relevant Union Official in writing setting out the details of the unforeseen operational difficulty or emergency, the Union will make all necessary arrangements to ensure sufficient, qualified Employees remain or are provided to undertake any work required in respect of that unforeseen operational difficulty or emergency.

(f) Entitlement to pay under this sub-clause may only continue subject to

attendance by the Employee at such meetings, proof of which if required, resides with the Employee concerned.

(g) In the event of a breach of this clause or of 8.3, the Company without

limitation may act to revoke the right of Employees to continue their right to pay whilst attending Union meetings under the provisions of this clause by also advising its intentions to the Union Official.

(h) Subject to the abovementioned procedures being followed, the

Company may authorise further meetings of Employees to deal with Company related matters.

8.5 Dispute procedure

Where the Company exercises its rights to revoke an entitlement under this clause and the Union disagree with that decision, subject to there being no industrial action including but not limited to a stoppage of work as a result of the decision of the Company, the Union may refer the matter in dispute to the FWC for conciliation and arbitration if necessary.

9.0 PAYMENT OF WAGES, EXPENSES AND SUPERANNUATION 9.1 Salaries or wages shall be paid fortnightly by electronic transfer to an account with a

financial institution nominated by the Employee and acceptable to the Company. If an error is made by the Company it shall be dealt with promptly and generally within 48 hours.

9.2 The Company shall reimburse Employees for any approved expenses, not otherwise

provided for in this Agreement, reasonably incurred in the performance of duties on behalf of the Company.

9.3 Employees may designate a portion of their salary (excluding past accrued

entitlements), which shall be paid directly into their superannuation scheme as a voluntary contribution, in accordance with relevant legislative arrangements. An Employee shall make an election on 1 July each year on how they wish the annual benefit to be allocated. The election shall take effect on or about 10 September each year and remain in force for a 12-month period, unless otherwise agreed.

9.4 Superannuation Contributions

9.4.1 The Company will contribute 12% from commencement of this Agreement. Any legislated increase to the Superannuation Guarantee will be absorbed by the additional contribution made by the Company.

9.4.2 Any voluntary Employee superannuation contributions are in addition to the

Company’s superannuation obligation set out above.

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9.4.3 All Company and Employee superannuation contributions will be remitted to the fund of choice on a monthly basis.

9.4.4 The Company will make superannuation contributions provided for above to

Australian Super if the Employee does not nominate a preferred fund.

10.0 CLASSIFICATIONS AND RATES OF PAY 10.1 Employee classifications shall be based upon the relevant provisions of the

Stevedoring Award. 10.2 Rates of pay shall be based upon the following rates for each classification.

SIA Grade

Weekly rate from first full

pay period on or after

commencement of this

agreement

Weekly rate from first full period on or

after 18 August 2015

Weekly rate from first full period on or

after 18 August 2016

Weekly rate from first full period on or

after 18 August 2017

6 $ 1,338.14 $ 1,384.97 $ 1,433.44 $ 1,483.62

10.3 Salaries for Permanent Employees shall be as set out in the relevant sections of this

Agreement. 10.4 An Employee will be entitled to the following allowances where applicable:

10.4.1 Trainer’s Allowance

A trainer’s annual allowance of $2,546.78 will be paid to accredited trainers appointed by the Company. The allowance does not form part of the salary for the purposes of calculating the bonus, and is paid fortnightly with the salary. Appointments are for a period of one (1) year. At the commencement of this Agreement, all existing trainers shall be re-appointed for one year.

10.4.2 Meal Allowance

Other than where a meal allowance has been incorporated into a salary, a meal allowance will be paid in accordance with the Stevedoring Award and the meal allowance will be paid at the rates set out below.

First full pay period on or

after the commencement

of this Agreement

First Full pay period on or

after 18 August 2015

First Full pay period on or

after 18 August 2016

First Full pay period on or

after 18 August 2017

$ 18.65 $ 19.21 $ 19.79 $ 20.38

10.5 A VSE, who has been properly elected to serve on the Employee Representative

Committee (also known as Site Committee) or the Safety and Environment Committee shall be paid his/her average graded rate worked in the previous 12 months, based on the rates of pay in clause 10 of this Agreement, for attendance at the following meetings:

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10.5.1 Employee Representative/Site Committee meetings as prescribed by this

Agreement and authorised by management;

10.5.2 Safety and Environment Committee meetings as prescribed by this Agreement and authorised by management; and

10.5.3 Enterprise Agreement negotiation meetings authorised in advance by management.

11.0 HOURS OF WORK 11.1 Hours of work shall be based upon the provisions of the Stevedoring Award and as

specified in the relevant section of this Agreement. 11.2 Payment for temporary upgrades

11.2.1 An Employee upgraded to a higher salary level or graded position during the shift for two hours or more will receive an extra payment for the upgrade for the difference related to the two (2) skill grades.

11.2.2 An Employee who is required to perform any work or task of a higher salary

level or graded position, for less than two hours on a shift, will receive no upgrade payment.

11.2.3 Shift extensions (including for FSE’s) shall be paid in accordance with the

Stevedoring Award at the rates set out in clause 10 of this Agreement. 11.2.4 A VSE will be paid the graded rate for work performed during ordinary hours,

overtime and extensions. 11.3 Where an Employee is upgraded to Grade 7 work (as defined in the Stevedoring

Award) during a shift, he or she shall be paid for the upgrade, in addition to the appropriate payment as a Grade 6, $6.83 hourly. Shift and holiday premiums will be applied to this Grade 7 upgrade payment.

11.4 It is the intent of all parties that any Employee is required to actually work on the job

for the rostered shift length less the agreed meal breaks. For example, an Employee required to work a 12-hour shift will be required to perform 10.75 hours of actual work. All breaks are inclusive of any travelling or walking time to the amenities building subject to the limitation of any particular facilities transport and walking arrangements that may be detailed herein.

12.0 OVERTIME (OTHER THAN SHIFT EXTENSIONS) 12.1 Overtime may be offered to an Employee at the discretion of the Company, and the

Employee is free to accept or decline an offer to work such overtime other than as per clause 13 of this Agreement.

12.2 All hours worked in excess of or outside the ordinary hours of work of Employees

covered by this Agreement shall be paid in accordance with the overtime provisions in the Stevedoring Award. For the purpose of calculating an Employee’s overtime rate, the single time hourly rate shall be the applicable weekly rate for the Employee’s classification prescribed in Clause 10 - Classifications and rates of pay of this Agreement divided by 35.

12.3 Subject to 12.1 and so far as practicable, the principle of fairness and equity will be

applied by the Company in respect of the opportunity for Employees to work overtime.

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13.0 PUBLIC HOLIDAYS 13.1 Public Holidays – Other than Closed Port Days

13.1.1 An FSE when required to work on a public holiday in accordance with the roster, will be paid at the salaried rate.

13.1.2 An FSE on a rostered day off that falls on a public holiday, will not be entitled to a DIL other than where agreed and specified in Part B.

13.1.3 Variable Salary Employees are required to be reasonably available for work

on public holidays, and if worked, shall be paid in accordance with the Stevedoring Award at the clause 10 - Classifications and Rates of Pay of this Agreement. Where there are insufficient volunteers to provide coverage of work on a public holiday VSE’s may be compelled to work in accordance with Part B.

13.1.4 A Variable Salary Employee will be paid for time worked on a public holiday

(including Closed Port Days) rates in accordance with the Stevedoring Award.

13.1.5 A VSE who does not work on a public holiday will be paid seven ordinary

hours at the clause 10, grade 6 rate for any public holiday (including Closed Port Days) not worked.

13.2 Closed Port Days

13.2.1 The following days will be identified as Closed Port Days when certain

Employees are required to work: • Picnic Day; • Good Friday; • Anzac Day; • Labour Day.

13.2.2 Nothing prevents an Employee from initially declining or volunteering to work

on Closed Port Days, provided that Employees rostered to work on Closed Port Days, will be required to work where insufficient Employees, with the necessary skills as required to meet customer requirements, volunteer to work the day. The Company will call for volunteers on a ‘to be confirmed’ basis one month in advance of the applicable day. The Company will complete allocation for Closed Port Days in accordance with the following table: Allocate on this day*… When Closed Port Day falls on this day… Monday Thursday Tuesday Friday Wednesday Saturday Thursday Sunday Friday Monday Friday Tuesday Sunday Wednesday

*By the site’s normal allocation time as per Part B of this Agreement.

13.2.3 The above arrangement will not apply to Christmas Eve and Christmas Day,

New Year’s Eve period (evening and night shift) in which circumstance no rostered Employee will be compelled to work. The Company may however,

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conduct operations between the end of day shift on Christmas Eve and the commencement of the day shift on Boxing Day calling for volunteers as required. The Company may however, conduct operations between the end of day shift on New Year’s Eve and the commencement of the day shift on New Year’s Day calling for volunteers as required.

13.2.4 FSE’s who are rostered off on a Closed Port Day and who elect to work will be paid in accordance with the Stevedoring Award at the rates prescribed in clause 10 - Classifications and Rates of Pay of this Agreement. FSE’s who are rostered off on a Closed Port Day and who are not required to work will also be entitled to a day in lieu.

13.2.5 FSE’s normally rostered to work on a Closed Port Day and who are required

to work the Closed Port Day shall be paid two and a half times the ordinary rates as specified in clause 10 for any shift worked with no day in lieu unless the Employee elects to be paid one and a half times the ordinary rate as specified in clause 10 - Classifications and Rates of Pay of this Agreement, plus a day in lieu.

13.2.6 VSE’s who work on a Closed Port Day will be paid in accordance with the

Stevedoring Award at the rates prescribed in clause 10 - Classifications and Rates of Pay of this Agreement.

14.0 ANNUAL LEAVE AND DAYS IN LIEU 14.1 Annual leave shall accrue and be taken in accordance with the relevant provisions of

the Stevedoring Award unless otherwise stated in this Agreement. Permanent employees will be entitled to five weeks of annual leave (Monday to Sunday), provided that the distribution of annual leave across the various weeks of the roster cycle may be managed by the Company through the annual leave plan prescribed in clause 14.4.

14.2 Payment for Annual Leave shall be as follows:

14.2.1 FSE’s shall be paid at the salaried rate as specified for the Employee’s classification in the relevant section of this Agreement.

14.2.2 VSE’s shall be paid at the average graded rate worked in the previous twelve

month period in accordance with Clause 10 rates plus a loading of 27.5%. During periods of annual leave, leave payments are made in lieu of the minimum salary.

14.3 Any Irregularly Engaged Employees (VSE’s) appointed to a permanent position will

preserve his/her leave accrued prior to the appointment, at the Clause 10 rates for the appointed grade or in the case of a VSE, the average graded rate until such accrued leave is taken.

14.4 A total annual leave program will be established for all permanent Employees

(including VSE’s) to ensure that an even distribution of leave for each skill group is taken throughout the year and to manage the distribution of FSE leave across the roster cycle, as per clause 14.1. This plan will be prepared by March 1 and implemented by May 1 each year, setting out a schedule of annual leave arrangements covering all Employees for the following 12 month period.

14.5 Where an Employee accrues “day off-in-lieu”, any days accrued but not taken will be

taken consecutively with the next period of annual leave.

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14.6 Continuous service for the purpose of calculating twelve months continuous service in relation to annual leave, the following absences should be calculated as time worked:

14.6.1 any period of paid leave granted by the Company; or 14.6.2 any absence because of personal illness or accident of which the Employee

must provide reasonable proof; or 14.6.3 up to 28 days absence per year for a returned serviceperson receiving

treatment at any hospital or rehabilitation centre for disability or illness resulting from war service; or

14.6.4 any absence on account of jury service or under subpoena in a court or other tribunal; or

14.6.5 any absence to attend consultation meetings in accordance with clause 8.0; or 14.6.6 any absence on paid compassionate leave; or 14.6.7 any absence with reasonable cause of which the Employee must provide

reasonable proof. 15.0 PERSONAL LEAVE This clause shall be read in conjunction with clause 23 of the Stevedoring Award and shall apply to the extent of any inconsistency. 15.1 Amount of Personal Leave

15.1.1 Yearly Amount A Permanent Employee shall be entitled to 13 days’ personal leave per year

which shall consist of sick leave (up to 10 days per year) and carer’s leave. 15.1.2 Accumulation of Personal Leave

In any year, unused personal leave accrues at the rate of 10 days less:

(a) the amount of sick leave taken from the current years’ personal leave

entitlement; and (b) the amount of carer’s leave taken, in excess of 3 days, from the current

years’ personal leave entitlement. 15.2 Payment for personal leave shall be as follows:

15.2.1 Permanent Employees (other than VSE’s) shall be paid at the salaried rate as specified for the Employee’s classification in the relevant section of this Agreement.

15.2.2 VSE’s shall be paid seven hours for each day of leave at the average graded

rate worked for the previous 12 months as specified in Clause 10 of this Agreement.

15.3 Where an Employee has no entitlement to personal leave and the Employee seeks

carer’s leave, the Company will apply its discretion and consider the merits of the circumstance of the request with the view to assisting the Employee.

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15.4 Compassionate leave

15.4.1 An employee is entitled to three (3) days of compassionate leave for each occasion of death of a member of the Employee’s immediate family or household.

15.4.2 The Employee must give the Company notice of the intention to take such

leave as soon as practicable after the death and give the Company satisfactory evidence of such death.

15.4.3 Payment for Compassionate leave shall be as follows:

(a) FSE’s shall be paid at the salaried rate as specified for the Employee’s

classification in the relevant section of this Agreement. (b) VSE’s shall be paid seven hours for each day of leave at the average

graded rate worked for the previous 12 months as specified in Clause 10 Classifications and Rates of Pay of this Agreement.

15.5 Cashing out of Personal Leave

15.5.1 An Employee may have their accrued personal leave cashed out in accordance with the following provisions:

(a) dies, retires, is made redundant or resigns their employment after 10

years service; or (b) is accepted by their superannuation fund as totally or permanently

disabled; (c) the Employee (or in the case of death, the Employee’s personal legal

representative) will be paid an amount equivalent to the Employee’s unused accumulated sick leave entitlement;

(d) payment for excess accrued personal leave where at 1 July of any

year, an Employee has accumulated in excess of 28 days unused Personal leave.

15.5.2 Any personal leave cashed out in accordance with 15.5.1 will be paid at

Clause 10 Rates of Pay where a day of personal leave is 7 hours. 7 hours will come off the accrued Personal leave balance irrespective of rate the leave was accrued at.

16.0 SAFETY 16.1 Objectives

16.1.1 Consistent with the general intention of this Agreement to facilitate and encourage the development of world’s best practice in all facets of the Company’s operations, all parties are committed to continuous improvement in occupational health and safety standards in the workplace.

16.1.2 In meetings these objectives, the parties have agreed to consider a broad

agenda through the consultative processes established by this Agreement. Such an agenda will include:

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(a) Continuous review of work and management practices affecting the inter-relationship between efficiency, productivity and health and safety in the workplace.

(b) Measures designed to increase efficiency which ensure safe and

healthy operation and increased job satisfaction. (c) Training issues including hazard specific and health and safety

systems training. (d) Management of occupational health and safety through a

comprehensive approach which aims to control hazards at source, reduce the incidence and costs of occupational injuries and illnesses and to provide a rehabilitation system for injuries and illnesses which have occurred.

16.2 Consultation

16.2.1 Consultative mechanisms will be maintained to address occupational health and safety issues such as those referred to in 16.1.2. Such mechanisms will include:

(a) The election of Employee health and safety representatives to

represent their fellow Employees in respect of OHS matters; and (b) A Safety and Environment Committee consisting of equal numbers of

management and Employee health and safety representatives to provide a forum for making recommendations to the Company in respect of OHS policy and procedures including the establishment of consultative procedures for the resolution of health and safety issues.

16.3 Occupational health and safety

In addition to ensuring compliance with OHS legislation (including Regulations and Codes of Practice made under the legislation) and the Company’s Safety Policy and Procedures, it is the intention of all parties to this Agreement to implement the best achievable level of health and safety within the Company’s operations. Accordingly, should changes to occupational health and safety practices be considered necessary, such issues will be referred to the Safety and Environment Committee for consideration and recommendation to the Company in accordance with the relevant OH&S regulations.

16.4 Training

Accredited OH&S training shall be maintained for members of the Safety and Environment Committee.

17.0 FIRST AID 17.1 The Company will provide sufficient first aid services to meet the requirements of

each location as described in the relevant section of this Agreement. 17.2 Unless adequate first aid facilities are provided by a fixed or mobile first aid unit, the

Company shall provide at each job a proper first aid kit. In the event of any dispute on the matter, the questions as to whether adequate facilities are provided or whether a proper first aid kit is provided may be processed through the dispute settlement procedures.

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18.0 LONG SERVICE LEAVE 18.1 An Employee shall be entitled to long service leave in accordance with the

Stevedoring Long Service Leave Award except as varied herein.

18.1.1 From the date of majority approval of this Agreement FSE’s and VSE’s shall accrue long service leave at the rate of 1.3 weeks per year of completed service.

18.1.2 Old long service leave accrued at the rate of 0.87 weeks per year of completed service.

18.1.3 Employees will have access to long service leave entitlements when they have accrued 13 weeks.

18.1.4 An Employee shall be entitled to pro rata long service leave if an Employee has completed at least 7 years qualifying service and is eligible for pro rata long service leave as set out in the Stevedoring Long Service Leave Award.

18.2 Payment for long service leave shall be as follows:

18.2.1 Permanent Employees (excluding VSE’s) shall be paid at the salaried rate as specified for the Employee’s classification in the relevant section of this Agreement.

18.2.2 From 22 December 2004*, VSE’s shall be paid at the average graded rate

worked in the previous twelve months as specified in Clause 10 of this Agreement plus a loading of 27.5%.

19.0 UNION TRAINING AND EDUCATION LEAVE 19.1 Subject to the provisions of this clause an Employee nominated by the Union in the

state in which the Employee resides, shall be entitled to attend union training and education without loss of ordinary time earnings.

19.2 Without limiting the generality thereof, union education and training shall include

structured training under the direction of qualified training staff, conferences, meetings and/or workshops conducted by the Union or by external agencies approved by the Union which contribute to the Employee’s understanding of workplace issues and enhance the development of constructive relationships within the enterprise. Nothing in this clause precludes joint union/management training and education as agreed between the parties.

19.3 The manager of the enterprise shall not unreasonably withhold approval for an

Employee to attend union training and education as defined in 19.2 provided that the Union forwards reasonable written notice setting out the times, dates, venue and description of the union education and training and provided also, the operations of the enterprise are unlikely to be unduly effected by the Employee’s absence.

19.4 Unless otherwise agreed to by the Manager, leave under this clause shall be limited

to the equivalent of one Employee taking five days leave in each year from the date of implementation of this Agreement and subject to 19.3 in any variation thereof as sought by the Union.

19.5 For the purposes of this clause ordinary time earnings referred to in 19.1 means the

earnings for shifts that the Employee would have otherwise been rostered to work in accordance with their contract of employment, other than for approval to attend union

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education and training. Salaried Employees shall be paid at the salaried rate as specified for the Employees classification in the relevant section of this Agreement.

19.6 This clause is not intended to operate for the purposes of leave for union workplace

representatives required to be absent from work to assist the union represent its members’ interests or for participating in the formal structures of the Union and for which separate arrangements are made elsewhere within this Agreement.

20.0 VOCATIONAL TRAINING AND EDUCATION 20.1 Purpose of this clause

The provisions of this clause have the purpose of enhancing the ability of each Employee to realise their full potential and to contribute in accordance with operational requirements towards the improved efficiency, reliability and competitiveness of the Company's operations.

20.2 Training standards and qualifications

Vocational training and education provided to Employees shall be in accordance with the relevant requirements of the Company Training Package as endorsed by the Australian Qualifications Framework or other endorsed training packages such as for example, the national engineering training package in the case of trade related training and lead to nationally recognised qualifications.

20.3 Application of training

Consistent with the abovementioned, competency-based training and education including related processes such as the use of standards and assessment will be utilised for a variety of purposes including selection and recruitment, entry level training such as traineeships and trade apprenticeships as well as skill enhancement and promotional opportunities and the formal recognition of skills previously obtained but not recognised for new and existing Employees. Such processes shall not be utilised in a negative manner such as for disciplinary purposes.

20.4 Training delivery

20.4.1 Competency-based training involves both structured training and practical work experience to obtain full competency and proficiency and may be delivered on or off-the-job or through a combination of both. The Company where appropriate may maintain qualified workplace trainers and assessors sufficient for its operational needs, some of whom may not be engaged in such duties on a full-time basis.

20.4.2 As part of their normal duties, other experienced Employees may also be

required to assist in the training of others by monitoring and coaching their work during the gaining of practical experience. Generally speaking, technical training will be provided by in-house technical trainers where employed, however the Company may utilise external registered training organisations and/or qualified training personnel as required.

20.5 Access to training

Vocational training and education may be offered to Employees as part of a formal training plan developed for example, as part of a traineeship or apprenticeship. Training may also be offered on the recommendation of a supervisor or upon application by an Employee. In determining access to workplace training the

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Company will have regard to the provisions of 20.1 and the principles of fairness and equity.

20.6 Consultation

The Company will encourage and support consultative mechanisms including from Employee union representatives and supervisory and training personnel appropriate to the size and nature of the operations for the purpose of making recommendations to management in respect of the effective implementation of vocational training and education within the workplace consistent with the provisions of this clause.

20.7 Rates of pay and expenses whilst undertaking training

20.7.1 A Permanent Employee, other than a VSE who undertakes vocational training and education approved by the Company shall not suffer any loss or gain of pay whether or not the training is on or off-the-job provided that where the training includes a period of practical work experience at a higher level, the Employee shall maintain the rate for the classification to which they are assigned.

20.7.2 A VSE who undertakes vocational training and education approved by the

Company shall be paid the Grade 6 rate whilst training in accordance with the terms of this Agreement.

20.7.3 Where an Employee attends off-the-job vocational training and education

approved by the Company which is conducted by an external provider, e.g. TAFE for the purposes of obtaining post-trade qualifications and such training is conducted outside the Employee's normal hours of work, the time so spent shall be treated as time worked and the Employee credited with paid time off in lieu or such other agreed arrangement between the Employee and the Company.

20.7.4 Any costs associated with standard fees for prescribed courses and text books

incurred by an Employee in connection with training approved by the Company shall be reimbursed by the Company upon completion of the Company approved training and the production of receipts evidencing such expenditure by the Employee. An Employee who attends such approved training and incurs expenses in excess of those normally incurred in travelling to and from work shall be reimbursed by the Company.

20.8 Licences, trade certificates and qualifications

20.8.1 Where the Company requires an Employee to obtain or maintain a licence, trade certificate or other qualification, the Company will pay the costs associated with obtaining and maintaining such licence, trade certificate or qualification. An Employee shall not suffer any loss of pay.

20.8.2 The cost of Electrical Trade related licences shall be reimbursed by the

Company to FSE’s upon production of a tax invoice/receipt. 20.8.3 All other licences, certificates and qualifications, for salaried Employees are

included in the salary.

21.0 INTRODUCTION OF CHANGE 21.1 This clause applies if:

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(A) the Company has made a definite decision to introduce a major change to production, program, organisation, or technology; or

(B) proposes to introduce a change to the regular roster; and the change is likely to have a significant effect on Employees of the Company. 21.2 Company duty to notify

21.2.1 Where the Company has made a definite decision to introduce changes in production, program, organisation, structure or technology that are likely to have significant effects on Employees, the Company undertakes to notify the Employees who may be affected by the proposed changes and relevant Branch official.

21.2.2 Without limiting the generality thereof, significant effects includes termination

of employment, changes in the composition, operation or size of the workforce or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the alteration of hours of work, the need for retraining or transfer of Employees to other work or locations and the restructuring of jobs and the use of contractors.

21.3 Company duty to discuss change

21.3.1 The Company undertakes to discuss with the Employees affected and the Union, inter alia, the introduction of the changes referred to in clause 21.2, the effects the changes are likely to have on Employees, measures to avert or mitigate any adverse effects of such changes on Employees and give prompt consideration to matters raised by the Employees and/or the Union in relation to the changes.

21.3.2 The discussion shall commence as early as practicable after a decision has

been made by the Company to make the changes referred to in clause 21.2. For the purposes of such discussion, the Company undertakes to provide in writing to the Employees concerned and the Union, all appropriate information about the changes including the nature of the proposed changes, the expected effects of the changes on Employees and any other matters likely to affect Employees.

21.4 Implementation of change

21.4.1 It is agreed between the parties that after the above notification and discussion has taken place that the Company, after careful consideration of the views of Employees may implement the change with seven days’ notice.

21.4.2 Where subject to the provisions of the clause, the Company exercises its

rights to implement change in the workplace and the Union disagree with that decision, subject to there being no stoppage of work as a result of the decision of the Company, the Union may refer the matter in dispute to FWC for conciliation and arbitration if necessary.

21.5 Roster Changes

21.5.1 The rosters within this Agreement are based on current ship berthing arrangements at the commencement of this Agreement and the salaries reflect those rosters. The basis for any roster is to provide secure permanent rostered jobs and maintain as much regularity and predictability of working

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shifts as possible as well as the flexibility to ensure rostered shifts are generally worked within an Employee’s primary skill.

21.5.2 When ship berthing arrangements change and the Company has an essential

need for roster changes, the Union/Employees shall provide the flexibility to address the necessary changes. Any such changes will be implemented in accordance with clauses 21.3 and 21.4. In these circumstances, information relating to changed berthing arrangements will be provided to the Union and Employees to facilitate such discussions.

21.5.3 The requirement for roster change may not only be based on changed working

arrangements, but also be based on maintaining and increasing, where appropriate, permanent rostered jobs and ensuring shifts are generally worked within an Employee’s primary skill so that the integrity of the roster is maintained.

21.5.4 Any change agreed shall not be inconsistent with the intent of this Agreement,

and shall not erode or diminish conditions of employment. Any change to a roster may occur only after all other mechanisms and alternatives have been considered and proved ineffective.

22.0 PERSONAL GRIEVANCE PROCEDURE 22.1 A personal grievance means any grievance that any Employee may have against the

Company because of any claim:

22.1.1 that the Employee has been passed over for selection to fill a promotional position or for placement in a training course; or

22.1.2 that the Company has taken some other action which is unjustifiable.

22.2 In the case of a grievance described in 22.1.1, at the time of informing applicants of

the results of their application they also shall be advised that any appeal they wish to make should be lodged within 7 days of that advice being given and received.

22.2.1 The notice of appeal shall be accompanied by details of:

(a) the grounds on which the appeal is lodged, including the person(s)

against whose appointment/selection the appeal is made; (b) any evidence, such as training completed, experience gained, on

which the applicant wishes to rely.

22.2.2 Management shall reconsider all aspects of the case and, if requested, give the applicant and any union representative he chooses the opportunity to put his/her case personally.

22.2.3 Management shall determine the matter within seven days of the appeal being

lodged. Meanwhile any appointment made shall be provisional only and on a higher duties basis where appropriate. Training of selected personnel shall not commence until any appeal is determined.

22.3 In the case of a grievance described in 22.1.2, the Employee allegedly aggrieved or

his/her Union representative may give notice to management of his/her concern. In the event that the concern cannot immediately be alleviated by management, depending on the nature of the alleged grievance one or more of the following options shall be adopted as a means of its resolution:

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22.3.2 Discussions between management and union representatives; 22.3.2 Reference to a mutually agreed conciliator/arbitrator; and/or 22.3.3 Reference to the FWC for conciliation.

22.4 In the case of a grievance described in 22.1.2, the parties agree that the matter will

be determined within one month of the grievance being notified. 23.0 DISPUTE RESOLUTION In the event of a dispute arising in the workplace in regard to the application of this Agreement or the National Employment Standards (other than under s65(5) and s76(4) of the Act) the procedure to be followed to resolve the matter shall be as follows: 23.1 The parties shall attempt to resolve the matter at the workplace level including but not

limited to:

23.1.1 The Employee, the Employee delegate (if requested), and his or her supervisor, meeting and conferring on the matter; and

(a) If the matter is not resolved at such meeting, the parties arranging

further discussions involving more senior levels of management, Employee Representatives and Union officials (as appropriate).

(b) If the matter is not resolved at such a meeting the parties arranging

further discussions involving more senior levels of management. (c) If the matter cannot be resolved at workplace level, the matter may be

referred by either party to the FWC for conciliation. (d) If the matter is referred for conciliation, both parties will participate in

the process in good faith. (e) Where the dispute has not been resolved despite the above

procedures being followed and subject to there being no industrial action including but not limited to stoppage of work in relation to the issue at hand, either party may refer the matter to the FWC for arbitration if necessary in which case the decision will be accepted by the parties subject to any appeal rights.

(f) During the time when the parties attempt to resolve the matter, either

at the workplace level, or through conciliation or arbitration, the parties shall continue to work in accordance with their contract of employment.

23.1.2 The parties must co-operate to ensure that the dispute resolution procedures

are carried out as quickly as is reasonably possible.

24.0 VARIABLE SALARY EMPLOYEE (VSE) 24.1 Terms of engagement

24.1.1 VSE’s shall be recruited and trained in accordance with the Company’s requirements.

24.1.2 VSE’s shall not be placed in roster panels and shall be available for totally

irregular allocation.

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24.1.3 Any redundancy provisions applicable to full-time permanents will be applicable to a VSE to the extent of the minimum salary.

24.1.4 A VSE must be reasonably available to meet the minimum salary and

business requirements.

24.2 Payment

24.2.1 A VSE will be engaged as a grade 6 in accordance with the Stevedoring Award, subject to clause 11.2.

24.2.2 Payment for public holidays and time worked by a VSE, shift premiums,

holiday premiums, casual engagement allowance (where applicable) and overtime work shall be off-set against the Employee’s minimum salary prescribed in sub-clause 24.3 of this Agreement.

24.2.3 The minimum salary will not apply whilst a VSE is in receipt of workers’

compensation payments.

24.2.4 A VSE shall be entitled to payment of the rates as specified in Clause 10 – Classifications and Rates of Pay of this Agreement, and shift premiums, holiday premiums, overtime and meal allowances where applicable in accordance with the Stevedoring Award.

24.2.5 The ordinary time hourly rate of a VSE shall be the weekly rate for a grade 6

Employee, as specified in Clause 10 – Classifications and Rates of Pay of this Agreement, divided by 35 which shall apply for all hours worked during the rostered shift hours applicable to full-time permanent Employees in the work section to which the VSE is assigned. Shift and holiday premiums apply in addition to the ordinary time hourly rate in accordance with the Stevedoring Award.

All hours in excess of the rostered shift hours shall be paid at overtime rates on each Monday to Friday and all hours worked on a weekend shall be paid at the applicable Stevedoring Award premium rate.

24.2.6 A VSE will be allocated to work an eight hour or twelve hour shift in a terminal

other than an allocated four (4) hour shift in accordance with this Agreement. Where a VSE is allocated to a 4 hour shift, and the shift is extended, a minimum eight hour payment will be paid to the Employee at the applicable shift rate.

24.3 VSE Minimum Salary

24.3.1 A VSE will receive a minimum yearly salary as set out in the following table. The minimum salary will be increased in accordance with the percentage increase in clause 10 rates as set out below.

From first full pay period on or after commencement of

this agreement

First Full pay period on or after 18 August

2015

First Full pay period on or after 18 August

2016

First Full pay period on or after 18 August

2017

$ 65,495.16 $ 67,787.49 $ 70,160.05 $ 72,615.66

24.3.2 A VSE shall receive the minimum salary described in clause 24.3.1 or their

actual earnings each fortnight, whichever is the greater. In the event that a

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VSE’s actual earnings do not meet the guarantee minimum in any fortnight, that amount will be deducted from actual earnings in the next pay period.

25.0 WORKERS COMPENSATION 25.1 The Company shall make-up pay only for Permanent Employees to the equivalent of

35 ordinary hours at the clause 13 rate set out in the Stevedoring Award at the Employee’s equivalent grade. If the workers’ compensation payment is greater than 35 ordinary hours payment rate, then the Employee shall receive the workers compensation payment in full and make up pay shall not apply.

26.0 SALARY SACRIFICE – NOVATED LEASE 26.1 Subject to agreement by the Company, eligible FSE’s may elect in writing to forego

part of their remuneration under a salary sacrifice arrangement for the purposes of entering into a novated lease in accordance with the applicable Company policies and procedures as varied from time to time. Any such salary sacrifice arrangement can only take effect after the Company has received the FSE’s written election in accordance with this clause.

26.2 If an Employee enters into a salary sacrifice arrangement, then in determining the

applicable salary sacrifice amount, the Company will take into account the total cost to the Company of providing the agreed benefits, including any fringe benefits tax payable under applicable law, in respect of any component of the benefit provided under the salary sacrifice arrangement.

26.3 For the purposes of calculating a FSE’s redundancy entitlement in accordance with

the clause 7.14.3, the applicable salary shall be the pre-sacrifice ‘salary’ as prescribed in this Agreement.

27.0 DAYLIGHT SAVINGS

Arrangements for daylight savings shall be locally agreed.

28.0 OUTSOURCING 28.1 In addition to tasks outsourced prior to this Agreement, the Company intends to

outsource the following functions from the commencement of the Agreement (where it has not already done so):

28.1.1 Certain maintenance tasks.

28.2 It is the intention of management that maintenance tasks may be outsourced if it is

unable to be satisfactorily handled by the Company’s permanent full time Tradesmen for whatever reason within the rostered time available, after consultation.

28.3 Notwithstanding the above, any Employee may be required to carry out any normally

outsourced task as directed by management. 28.4 It is not the intent of the Company to reduce the number of Permanent maintenance

Employees in the above outsourcings except in the case of business downturn. 28.5 For the avoidance of doubt, this clause is not intended to act as a prohibition or

limitation on the use of contractor or outsourcing (whether referred to in this clause or not).

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DP World Melbourne (ETU) Enterprise Agreement 2014 28

29.0 JURY SERVICE 29.1 The provisions of the Act shall apply in relation to jury service. 29.2 In addition to the provisions of the Act, if a VSE is required to be absent from work as

a result of jury service, the Employee shall be entitled to be paid 8 hours at the Clause 10 Grade 6 rate of pay for each day of service up to a maximum of 10 days.

30.0 DOMESTIC VIOLENCE 30.1 The Company may give consideration to appropriate support where an Employee can

demonstrate they have been subject to Domestic Violence.

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DP World Melbourne (ETU) Enterprise Agreement 2014 29

PART B – DP WORLD MELBOURNE (ETU)

1.0 HOURS OF WORK 1.1 General Maintenance Roster

1.1.1 Hours Average 37.2 hours per week, 12 hour shifts

1.1.2 Shift times The following shift commencement and finish times will apply:

Night Shift 1830 – 0630 Day Shift 0630 – 1830

1.1.3 Annual leave

Annual leave arrangements for a 12 hour shift, 37.2 hours average per week roster. In accordance with Clause 14 Part A of this Agreement, Employees under this roster will be entitled to 5 weeks annual leave (Monday to Sunday), provided that the actual annual leave hours taken shall be no greater than 192 hours. e.g. Annual leave = 37.2 hours p.w x 5 wks/12 hours = 15.5 > 16 days (192 hours). There is no longer an entitlement to an additional DIL.

1.1.4 Arrangements for work performed in Week 9

Crew Week Mon Tues Wed Thurs Fri Sat Sun

A 1 - - D D I I -

2 - - - D D I I

B 3 - - - - D D I

4 I - - - - D D

C 5 I I - - - - D

6 D I I - - - -

D 7 D D I I - - -

8 - D D I I - -

E 9 D D D D D - -

10 - - - - - - -

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DP World Melbourne (ETU) Enterprise Agreement 2014 30

(a) In week 9 an Employee is required to work three (3) 12 hour shifts on any day between Monday and Friday as the business requires. This will not necessarily be consecutive days.

(b) Confirmation of allocation for week 9 will be finalised in week 8.

(c) Each Employee will be responsible for ascertaining when they are required to work, including all dayshifts falling in week 9.

(d) Closed Port Days will operate as set out in Part A of this Agreement. For a Maintenance Employee working a 12 hour shift a CPD applies from 1830 the day prior and finishes at 1830 on the CPD.

1.2 Shift Extensions

1.2.1 Shift extensions for maintenance VSE’s will be provided and worked to meet operational and maintenance requirements. The Company shall not unreasonably request an extension.

1.2.2 Where an Employee requests an exemption from the shift extension as a

result of a pressing personal necessity and alternative arrangements cannot be made, the Employee will not be required to work the extension.

1.2.3 The Company will advise the Employee of the requirement, and the length of

the extension, by no later than 5 hours after the commencement of the shift. Once the shift extension is notified the shift extension cannot be cancelled.

1.2.4 Shift extensions will be subject to the following:-

(a) An Employee working on Day Shift may have their shift extended by 1,

2, 3 or 4 hours. (b) An Employee working on Evening Shift may have their shift extended

by 1 or 2 hours. (c) An Employee working on Night Shift may have their shift extended for

1 hour (to complete a ship only). (d) An Employee working a shift extension shall be entitled to an eight-

hour break before the next period of work.

1.3 Rest Periods

1.3.1 Standard Rest Periods

The following standard rest periods shall apply;

Shift Length Rest Period

4 Hours or less 15 minutes

7 to 8 Hours 45 Minutes in total (No more than 2 rest periods)

9 to 10 Hours 60 Minutes in total (No more than 3 rest periods)

11 to 12 Hours 75 Minutes in total (No more than 3 rest periods)

The above shift lengths include shift extensions where applicable.

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DP World Melbourne (ETU) Enterprise Agreement 2014 31

1.3.2 Each Employee shall take rest periods at times to suit operational and maintenance requirements. Changes to rest periods may be advised one hour after the commencement of shift.

1.4 Shift Commencement and Finish

1.4.1 All Employees are required to be ready for work on the job at the

commencement of shift. 1.4.2 All Employees are required to continue work until the end of the shift.

1.5 Notification Procedures

1.5.1 Notification of allocation for FSE’s shall be made by 14:30, where practicable, or by telephone ring-in by 17:00 on the day prior to the proposed workday other than for Sunday and Monday Day shift of the rostered week nine, where the notification for allocation will be made on the Friday before the weekend.

1.5.2 Notification of allocation for VSE’s shall be made before the end of shift

(14:30), where practicable, or by telephone ring-in by 17:00 on the day prior to the proposed workday.

1.5.3 Notification for Monday Public Holidays for all Employees shall be made on

Sunday. Indicative allocation will be advised on the Friday before the Monday Public Holiday.

1.5.4 Employees shall be responsible for ascertaining when they are required to

work. 1.5.5 The Company may contact Employees at any time after the usual notification

time and procedures above, to provide additional resources due to late changes in operational requirements. No Employee in these circumstances is compelled to work at short notice and it is essential that the Employee has had adequate rest and is able to meet all Company requirements in relation to working safely, prior to accepting any such engagements at short notice.

1.5.6 In circumstances where a late notification occurs outside of normal allocation

times (excluding late notification due to unplanned absences), the Company shall, upon a reasonable request from the ERC, advise the Committee at the next ERC meeting.

1.6 Application of Four Hour Minimum (VSE)

1.6.1 Four-hour minimum engagement may be applied to the following activities; (a) Training

(b) Meetings

1.6.2 If the work period exceeds 4 hours a minimum 7-hour engagement shall

apply.

1.6.3 A VSE, allocated to a four-hour shift, which is extended, shall have notification no later than one hour prior to the end of the shift.

1.6.4 Where VSE is allocated to a 4 hour shift, and the shift is extended to a

minimum 7 hours, then the extension of the allocated shift will not be paid as overtime.

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DP World Melbourne (ETU) Enterprise Agreement 2014 32

1.6.5 Notification of an extension of a four-hour shift will be provided no later than

one hour prior to the end of the shift. 1.7 Arrangements for Closed Port Days (FSE’s)

1.7.1 In the first instance the Company will call and roster volunteers to work Closed Port Days subject to skills.

1.7.2 In the event that there are insufficient volunteers to meet the operational

requirements as deemed by the Company on that Closed Port Day the Company may direct rostered employees.

1.8 Arrangements for Public Holidays (includes CPD) – VSEs

1.8.1 Public holidays for VSEs shall be voluntary in the first instance, provided that if a lack of volunteers is evident the Company may direct additional VSEs.

1.8.2 VSEs shall have the ability to opt out of the direction to work if they are able to

obtain an approved swap with another VSE, subject to skills. If direction is enacted by the Company, allocation shall be based on the lowest amount of public holidays worked. Direction on public holidays will be tracked and reviewed in the ERC.

2.0 REMUNERATION The salaries set out in this Agreement are in full and final settlement of all award and non-award allowances, leave loadings, public holiday rates, shift premiums, meal monies and any application of the irregular part of any roster, where a roster applies. 2.1 General Maintenance Roster

*Tradesmen will work as Leading Hands where required and this is reflected in the above salary.

*The above salary includes all allowances including the E-Grade Electrical licence nominated by the union as a value equivalent to $1000 per annum.

2.2 Days in Lieu

2.2.1 If a FSE wishes to take a Day in Lieu (DIL) he/she may only take the DIL between Monday and Friday; this can be on day or night shift.

2.2.2 If an Employee wishes to take a DIL on the weekend the Employee must

make an application to the Company. The DIL may be granted subject to business requirements.

Position Salary Code

SIA Grade

Salary from commenceme

nt of new Roster (37.2

hours)

First Full Pay Period on or

after commenceme

nt of this Agreement

First Full Pay Period on or

after 18 August 2015

First Full Pay Period on or

after 18 August 2016

First Full Pay Period on or

after 18 August 2017

Trades-man

MGR1

6 $126,251 $130,669.78 $135,243.22 $139,976.73 $144,875.91

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DP World Melbourne (ETU) Enterprise Agreement 2014 33

2.3 12 Hour Shift Payments (VSE)

2.3.1 A VSE, when working 12-hour shifts will be paid at the following shift premiums:

Monday to Friday Day Shift 0630 – 1830 Ordinary Time

Monday to Friday Night Shift 1830 – 0630 Stevedoring Award

Premium Saturday Any Shift Stevedoring Award

Premium Sunday Any Shift Stevedoring Award

Premium 2.3.2 Application between the Night and Day shifts will be applied within a

reasonable distribution. 2.4 Consolidated Allowance (VSE)

2.4.1 A VSE shall be paid an allowance of $23.81 for each shift day worked. Such allowance will be off set against the guarantee in the case of a VSE.

3.0 HEAT AGREEMENT 3.1 When the temperature exceeds 38 degrees Celsius all operations may cease after

consultation between the Operations Supervisor, Charge Foreman and Job Delegate. Employees driving air-conditioned machinery shall not cease work because of temperature for any reason.

3.2 When the temperature exceeds 35 degrees Celsius additional rest periods of 15

minutes duration shall occur one hour after the latest resumption of work, i.e. after the normal smoko and crib breaks. Provided that:

3.2.1 Employees driving air-conditioned machinery shall not stop because of

temperature for any reason; 3.2.2 Work shall not cease where suitable relief is provided; and 3.2.3 Where suitable relief is not available to enable the operations to continue

working, groups shall be divided into two sub-groups working alternatively 15 minutes on 15 minutes off.

4.0 CLOTHING

4.1 Clothing -– FSE & VSE’s

The following issues will apply:

1. General Issue No. Frequency Replacement Shirts 3 Annually Fair wear and tear Trousers 3 Annually Fair wear and tear Winter Coat 1 Every 2 years Towels 2 Annually Nylon Carry Bag 1 Every 3 years Jumpers 2 Every 2 years Fair wear and tear Socks 6 pair Annually

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DP World Melbourne (ETU) Enterprise Agreement 2014 34

2. Protective

Overalls (Ops) 3 Annually Fair wear and tear Overalls (Maint) 7 Annually Fair wear and tear Gumboots 1 Every 3 years Beanie/ Hats (broad rimmed) 1 Every 3 years Sunglasses 1 Every 2 years or fair wear and tear as required. Wet Weather Gear 1 Every 4 Years Sunscreen - As required

Sunglasses or clip-ons to be established by the Occupational Health & safety Committee.

3. Safety

Safety vests 1 As required When dirty Ear muffs 1 As required Footwear 1 Annually Fair wear and tear Gloves On the job Helmets 1 Initial Issue Fair wear and tear Glasses 1 As required • Fair wear and tear includes exchange of old issue for the replacement for

genuine loss or damage

• The suitability of the clothing issue will be reviewed periodically to ensure reasonable standards of comfort and durability are maintained as well as a high standard of safety protection.

• Where Industrial /Protective is not regularly worn on the job, the issue will be

on the basis of fair wear and tear or in lieu of other items.

• Current issue must be worn on the job

• The issue date for all annually issued items will be April each year. 5.0 SUPPLY AND REPLACEMENT OF PRESCRIPTION GLASSES 5.1 In the event of a change in prescription, requiring new spectacles or spectacles being

required for the first time, a refund of up to $200 will apply but no more often than once every two years or as otherwise recommended by the prescribing optometrist in the report and a copy of the Optometrist’s report must be attached to the receipt, when applying for a refund.

5.2 If an Employee requires his/her spectacles repaired or replaced due to damage or

breakage in the course of working at DP World Melbourne premises, an Accident Report Form must be completed and up to $200 will again be refunded against a receipt, for the repair or replacement of the spectacles. However this is again limited to no more often than once every two years.

5.3 The above replacement of glasses will not include replacement to bifocal or tinted

spectacles, unless specifically required for work at DP World Melbourne. 5.4 In lieu of the reimbursements available under clauses 5.1 and 5.2 above, an

Employee may apply to the Company for a once-only reimbursement of up to $200 for laser eye treatment at the Employee’s election, subject to production of an invoice to the Company upon receipt of treatment.

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DP World Melbourne (ETU) Enterprise Agreement 2014 35

5.5 The payment for the issue of, or replacement/repair of spectacles will be at the

Company’s discretion and written authorisation for a refund can only be approved by the Human Resources Manager.

6.0 COMMITTEES 6.1 The Company will continue to operate and support the following committees:

6.1.1 Site Committee

6.1.2 Safety and Environment Committee

6.2 Meetings of the Site Committee and the Safety and Environment Committee will be held monthly unless specified otherwise in this Agreement, and will be held at the location unless otherwise agreed.

7.0 MANNING 7.1 Manning for any operation will be entirely based on safe practice and operational

requirements as determined by management in accordance with OH&S and other relevant legislation.

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In the witness the parties have signed this Agreement on the __ l_b_-fh ___ day of 8u9k1St Two Thousand and Fourteen.

For and on behalf of

/LU/ Signature: _.:..__--==========----

DP World Melbourne Limited

(\(\ c. ,-; I I -.1 1.. M ..::· Name: ,,. , ,,,<- \c.. "-

L G C"'T S'~.-\.DI'J ~ -; Address: f::ve<... 2. \ 4 vo t"..:.-~ G.e :>

'2.. 000

Authority to sign: b\ k-c:. 'ICXZ.

Witness

For and on behalf of the

N a.A (/0~ ;1.1_a_ VlA.j f/1 I

IC~~Arv(M. WoJ'~~

Communications, Electrical, Electronic, Energy, Information, Postal , bing and Allied

Services Union of Australia Electrical Services Division of Victoria (ET

Name: ·1ro0 G.v'Q0

Address: Lvl t, WO AYden st- .

Authority to sign: Sta:te. Sffiel-o.1)

Witness

/ Zo6 WA {1::::.1 N ~ ·I~DU$i\UKL ~\ t-j

DP World Melbourne (ETU) Enterprise Agreement 2014 36